Jharkhand High Court
Mahanand Saha @ Mahadev Saha vs The State Of Jharkhand on 10 August, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (DB) No. 916 of 2023
Mahanand Saha @ Mahadev Saha --- --- Appellant
Versus
The State of Jharkhand --- --- Respondent
.......
CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE NAVNEET KUMAR
For the Appellant : Mr. Raja Ravi Shekhar Singh, Advocate
For the State : Mrs. Lily Sahay, A.P.P.
Order No.04/ Dated 10th August, 2023
The instant appeal has been preferred on behalf of the appellant
under Section 21(4) of the National Investigation Agency Act, 2008 for
setting aside the order dated 01.06.2023 passed in A.B.P. No. 200 of
2023 by the learned Additional Sessions Judge-I, Rajmahal in
connection with Ranga P.S. Case No. 35 of 2023 registered under
Sections 3/4/5 of the Explosive Substance Act, pending in the court of
learned Additional Chief Judicial Magistrate, Rahmahal whereby and
where under, the appellant's prayer for pre-arrest bail has been rejected.
2. It has been contended on behalf of the appellant that appellant has
been falsely implicated in this case, since, he has not been apprehended
at the spot, rather, on the basis of confession made by the Auto Driver,
his name has come. It is submitted that the appellant has no criminal
antecedent and therefore it is a fit case for grant of pre-arrest bail.
3. While on the other hand, learned A.P.P. appearing for the State of
Jharkhand has vehemently opposed the prayer for anticipatory bail by
placing the paragraph of the case diary where material has come in para
48 that the Ammonium Nitrate, which was being carried in the said auto
is actually belonging to the appellant and by not disclosing about the
same, the auto was booked and the appellant after seeing the Police has
fled away from the place of occurrence and as such there is allegation
against him. Further, the charge-sheet has not been submitted and as
such there is a chance of tempering with the evidence and since it is a
scheduled offence and as such custodial interrogation is required and it is
not a fit case where pre-arrest bail is to be granted
4. We have heard learned counsel for the parties and on appreciation
of the rival submissions as also by going through the case diary, we are
of the view that preliminary investigation is still going on regarding
recovery of the Ammonium Nitrate, which comes under the Explosive
Substance Act and the veracity of the same is under examination before
the F.S.L. in which the report has not yet come. Further, investigation is
still going on.
5. It is wise to refer herein that the judgment of the Hon'ble Apex
Court in the case of Satender Kumar Antil Vrs. Central Bureau of
Investigation reported in (2022) 10 SCC 51 will have no bearing in the
instant case since it is the case pertaining to the Scheduled Offence.
6. Considering the same, we are of the view that it is not a fit case
where privilege of pre-arrest bail will be granted.
7. Accordingly, the prayer for pre-arrest bail is rejected and
consequently the instant appeal is hereby dismissed.
8. Appellant is directed to surrender before the Trial Court within 10
days.
(Sujit Narayan Prasad, J.)
(Navneet Kumar, J.)
A.Mohanty
